Re: Transfer Disclosure Statement and Temites Infestation

A seller is responsible to provide you a disclosure statement regarding all issues/items he is aware of re the property that might affect value and/or enjoyment of the buyer. Take all you purchase docs to real estate attorney for consult. WE do not charge first visit. Many others the same.

Re: Transfer Disclosure Statement and Temites Infestation

Let's put it this way, didn't you have a real estate agent aiding you. Did you give up all of your rights to inspections. What kind of in inannity occurred during the sale. Did you use a standard form contract and who filled out. So many questions regarding something that rarely, rarely happens. Take all of your paperwork, and hire a real estate attorney who is expertise in real estate law to review all the documentation, ask the questions and get correct honest answers to all questions.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Transfer Disclosure Statement and Temites Infestation

1. Termites can appear within a few days after a termite inspection clears a house. Did you have an inspection when you purchased the house? You say that the seller must have seen signs of termites when he was moving. Wouldn't that mean that you should have seen signs of termites when you moved in? You don't know what termites look like? Well, he probably doesn't know either.

2. Perhaps the sprinkler system worked when you bought the house. Lack of use can be just as bad on things as using them ... maybe worse.

You will need to prove 1. that the seller knew, or reasonably should have known, that there termites there and/or that the sprinkler system didn't work, and 2. that he did not disclose this to you.

#2 is easy, #1 is a little harder.